Quote from @Bill Exeter:
#1 - I agree with Scott above. This would be taxed at your ordinary income tax rate, so make sure you know what the final damages would be. Other loss items on your tax return might be able to offset the gain.
#2 - This is likely a prohibited transaction. I'm guessing the contract you signed one year ago was under your individual name, so assigning the contract from you personally to your Self-Directed IRA would be a self-dealing transaction (prohibited transaction). This would have worked had the initial contract been executed in the name of your Self-Directed IRA and signed by the IRA Custodian.
#3 - You must have the intent to hold the property for rental, investment or business use. The initial intent for this property sounds like it is to buy and sell and not rent. Buying the property and then immediately selling through a 1031 Exchange would likely be disqualified because your intent is to buy and sell and not buy and hold for investment purposes. It does not matter that the replacement property would be held for rental (it might help), but the initial intent for the relinquished property is/was still held for sale.
Thank you for the response Bill.
The thing is, I had every intent to rent from the get go. In fact, when I posted a Zillow ad a couple of weeks ago about this upcoming property, the kind of applications that I got were not what tenants of 600k property would like. For 380k, probably yes. Also, When I signed contract for this property, I signed another one in the same neighborhood. I got possession of the other one a month ago, and I found it difficult to find quality tenants but eventually I did and rented it. Since I have contracts on two other properties in Peoria, both of them being rental, wouldn’t all the circumstantial evidence matter that my intent always has been to rent the property but I’m selling it because of my outlook on the local market changed? I’m sure decisions change based on circumstances but the original intent to buy this for rent shouldn’t be a question considering all the factors (non resident of the state of AZ, signed contracts for multiple residential properties in a short time all for rental purposes, already rented one in the state of AZ, very established residential rental ownership of multiple properties over 20 years in CA, etc).
Btw, the concern with holding it for a year of renting is, the market may crash in that period, at least in this sub-market, and the tax savings may not be worth the losses. At least that’s what I think. Otherwise, it would’ve been a slam dunk.